Lawyers Alert Sues Attorney General of the Federation Seeking Courtís Order to Compel him to ensure that employers of Labour Adopt and Register their HIV and AIDS Workplace Policy with the Ministry of Labour

Lawyers Alert Sues Attorney General of the Federation Seeking Courtís Order to Compel him to ensure that employers of Labour Adopt and Register their HIV and AIDS Workplace Policy with the Ministry of Labour

Lawyers Alert v. A.G. Federation & 2 Ors. Suit No. NICN/ABJ/CS/37/2019

Facts of the Case

In pursuit of her objective of promoting the rights of vulnerable groups, including people living with HIV/AIDS (PLWHA) Lawyers Alert has realised the need to enforce compliance with the provisions of HIV/AIDS (Ant-discrimination) Act 2014 - an Act that was enacted ďto make provision for the prevention of HIV and AIDS-Based discrimination and protect the fundamental human rights and dignity of people living with and affected by HIV/AIDS; and for related matters.ĒThe Act stipulates that all employers of labour who have 5 employees and above must develop and register an HIV/AIDS workplace police with the Ministry of Labour. The Act also stipulates that the Attorney General of the Federation must ensure compliance. However, from Lawyers Alertís investigations, no employer has registered its HIV/AIDS workplace policy with the Ministry of Labour, and the Attorney General of the Federation has not found it necessary to take steps to remedy the situation.

It is against this background that Lawyers Alert instituted action against the Attorney General of the Federation and two others on April 18, 2019 at the National Industrial Court, Abuja, praying the court to make an order compelling the Attorney General of the Federation to ensure that employers of labour develop and register their HIV/AIDS workplace policies at the Ministry of Labour. The Attorney General of the Federation on the other hand has filed a Preliminary Objection to Lawyers Alertís Originating Summons as well as a Counter-affidavit in opposition, asking the court to strike out Lawyers Alertís Originating Summons on the grounds that Lawyers Alert has no locus standi to institute the action. Lawyers Alert is about filing a reply letting the court know that in the matter of fundamental rights enforcement in court, any person can approach the court to enforce the action even if the person is not in any way affected by the act complained about. The matter is stated for hearing on June 3. 2019. Watch this space for updates.
 
   
   
 
 
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